Legal practitioner confident new Criminal Code and Criminal Procedure Code will optimise legal assistance
Jakarta (ANTARA) - Legal practitioner Mohamad Ali Nurdin believes the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) will optimise legal assistance.
He said the KUHAP contains eleven special privileges for advocates, namely assistance from the outset, free communication, regular visits, access to examination reports (BAP), the provision of legal advice, the active filing of objections, protection of clients from intimidation, bringing in experts, access to interrogation recordings, expanded pre-trial proceedings, and the strengthening of restorative justice.
“With these various privileges, the legal assistance provided by advocates will certainly be even more effective,” Ali said in a statement issued in Jakarta on Tuesday.
He therefore believes the enactment of the new KUHP and KUHAP not only proves the nation’s independence in being able to produce its own criminal law, but also drives the work of law enforcers, including advocates.
He said the issuance of the new KUHP and KUHAP has brought about a paradigm shift in law, from one that tended towards revenge to restorative justice.
In addition, he continued, the issuance of the two regulations provides alternative punishments, particularly for minor offences, in the form of community service and supervision, and opens the door to mediation for certain criminal matters.
Another point, according to the head of the Bandung branch of the Indonesian Advocates Association (Peradi), is that the two new regulations also strengthen human rights, including fulfilling victims’ right to restitution, providing protection for suspects (due process of law), and strict oversight.
Equally important, he added, the two regulations also provide national legal certainty by replacing Dutch colonial law (Wetboek van Strafrecht) and upholding substantive justice.
Furthermore, he hopes that socialisation of the new KUHP and KUHAP will continue so that comprehensive understanding is achieved, not only among law enforcers but also among the public.
Ali said he has been actively involved in socialising the new KUHP and KUHAP together with Peradi’s National Leadership Council (DPN), engaging academics, law enforcers, and the community.
“Through massive socialisation, the implementation of the new KUHP and KUHAP can certainly be more effective, both among law enforcers and the public. The presence of the national KUHP and KUHAP is our shared dream and pride,” he said.